(Minghui.org) A 72-year-old man in Guiyang City was recently sentenced to four years in prison for his faith in Falun Gong, and he is appealing against the sentence.
Falun Gong, also known as Falun Dafa, is a self-improvement practice based on the principles of “Truthfulness, Compassion, Forbearance.” It has been persecuted by the communist regime in China since 1999.
Mr. Chen Xianzhong, a retired post office worker, was arrested on January 8, 2017. He was released on bail twelve days later, only to be taken back into custody on May 24, 2017.
The Nanming District Court held two hearings, first on June 11, 2018, and then on August 22. The prosecutor alleged that Mr. Chen had information about Falun Gong saved on his phone and also distributed it on social media, but no prosecution witness was present to accept cross-examination.
Mr. Chen's lawyer argued that the prosecution evidence was uncorroborated and should be inadmissible. The presiding judge sentenced Mr. Chen to prison on September 26.
Uncorroborated Evidence
During the first hearing on June 11, the prosecutor accused Mr. Chen of sending 139 messages about Falun Gong on WeChat, the dominant social media platform in China. He presented a list of messages that a prosecution witness alleged to have received from Mr. Chen on WeChat. Mr. Chen's lawyer questioned the validity and credibility of the witness' statement, as the latter was not in court to accept cross-examination.
Mr. Chen argued that he did not know how to use WeChat, much less send out the alleged messages himself. He noted that the messages were sent from his phone after the police had ransacked his home and confiscated his phone. “I have never seen the alleged messages on my phone before my arrest,” he said.
The prosecutor proceeded to present two more pieces of evidence: the police interrogation record and a list of items confiscated from Mr. Chen's home.
The lawyer argued that the police pretended to be electricians and deceived Mr. Chen into opening the door for them. They ransacked the place without showing any identification or a search warrant. Additionally, the list of confiscated items didn't have Mr. Chen's signature as required by law.
“As the police violated legal procedure while ransacking my client's home, the list of confiscated items can't be used as legal evidence to charge him,” said the lawyer.
The weather was cold on the day of the hearing, and most people wore long sleeves. Mr. Chen was made to wear shorts and could be seen shivering. There were three times that he felt too weak to stand, but the bailiffs still made him stand.
Mr. Chen also shared how his stomach problem and headache disappeared shortly after he began to practice Falun Gong. He said that he broke no law by striving to maintain good health and be a good person. He demanded to be acquitted. The presiding judge adjourned the hearing without a verdict.
During the second hearing on August 22, the prosecutor claimed that they had found a new piece of evidence from the police interrogation record of Mr. Chen's wife in 2017.
The record mentioned that Mr. Chen's wife admitted seeing Falun Gong-related information in her husband's cell phone. Mr. Chen's lawyer questioned the credibility of the interrogation record, as it was made by one officer without others being present. Moreover, Mr. Chen's wife wasn't allowed to attend the hearing, so there was no way to verify her account. The lawyer concluded that the alleged statement by Mr. Chen's wife cannot be used as valid evidence.
Arrested While Studying Falun Gong Book
Mr. Chen was arrested with a dozen Falun Gong practitioners at his home while studying Falun Gong books together on January 8, 2017. The police ransacked his home, took him to the Huaguoyuan Police Station for interrogation, and then sent him to Lannigou Brainwashing Center the next day.
Mr. Chen was forced to watch propaganda videos demonizing Falun Gong in the brainwashing center. After he was released on bail twelve days later, the police demanded that he report to them at the police station every day for six months. He refused to comply and was frequently harassed by the police.
On May 24, 2017, the police took him back into custody and interrogated him for nearly seven hours at the police station. He has since been detained at Nanming District Detention Center.
The Nanming District Procuratorate approved his arrest on July 19, 2017.
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